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(영문) 대구지방법원 2016.09.22 2016고단3658

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 16, 2012, the Defendant violated Article 44(1) of the Road Traffic Act by issuing a summary order of KRW 3 million for a crime of violating the Road Traffic Act, and on October 30, 2015, the same court issued a summary order of KRW 1.5 million for the same crime, respectively.

On July 18, 2016, at around 22:05, the Defendant driven a Maz car under the influence of alcohol concentration of 0.077% while under the influence of alcohol during blood, without obtaining a driver’s license in about 1km from the front of the restaurant of the anchored company located in the Gyeongbuk-si, Busan Metropolitan City to the front day of the gold-rate fright in the same pressure level.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 subparagraph 1 of the same Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the age, sex, family, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined by taking into account the following circumstances as well as the Defendant’s age, sex, family relation, family environment, and the sentence as ordered.

Unfavorable circumstances: The defendant committed the crime of this case even though he had been punished several times due to the same crime.

A favorable normal situation: The defendant does not again commit the same crime.

There are many things.

The alcohol concentration of the defendant's blood is less than 0.1%.